Revolutionary War Pension and Bounty Land Warrant Application File R. 4033, Adna Gillet, Conn.

SERVICE
NUMBER
Conn.
Gillet, Adna
Vb. 4033
Gillett, or
CONTENTS

Adna Gillett
of Connecticut
Set June 7 1889
Suspended
4033

CLAIM OF Adna Gillet of Granby Connecticut ACT OF June 7th 1832
STATE OF Connecticut } ss. COUNTY OF Hartford }
Be it Known, That on this Second day of February — A. D. eighteen hundred and fifty four before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared — Clarissa Hayes — a resident of Granby in said County, and made oath according to law, that she is the child of Adna and Mary Gillet deceased
who was a Revolutionary Pensioner  Soldier and served as a private and teamster and should have been pensioned at the rate of one hundred & fifty two Dollars per annum; that she has been informed that the said Pension ought to be allowed ; that she is directly interested as a Claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said Claim.
Sworn to and subscribed, the day and year aforesaid, before me,
Elam Kendall Jus. Peace.
Clarissa Hayes
I, Elam Kendall — Justice of the Peace in and for said County, do hereby certify that Clarissa Hayes — who executed the foregoing paper, is a respectable resident of this County, and is, I believe, directly interested in said Claim as therein set forth. And I further certify, that I have no interest whatever in said Claim, or the prosecution thereof.
Elam Kendall — Justice Peace.
I, _____ Clerk of the _____ Court in the County and State aforesaid, do hereby certify, that _____ before whom the foregoing papers were executed, was, at the date of the same, a Justice of the Peace in and for said County, duly authorized by law to administer oaths; and the name thereunto subscribed is _____ signature.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official Seal, this _____ day of _____ A. D. 185 _____
Clerk.

POWER OF ATTORNEY—Revolutionary Pension Claims.
Know all Men by these Presents, That I, Clarissa Hayes of Granby in the County Hartford and State of Connecticut hereby constitute and appoint Erving Taintor of Hartford New York my true and lawful Agent and Attorney, to prosecute the Claim of Abna Gillet for any amount of Revolutionary Pension, or Increase of Pension, that may be due; and I hereby authorize my said Agent to examine all the papers and documents in relation to said Claim, on file in the Departments at Washington City, or elsewhere; to file additional evidence or arguments; and to receive the Certificate which may be issued for said Claim, which Certificate I wish made payable to the children of Mary Gillet late Relict of the said Abna Gillet
to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
WITNESS my Hand and Seal this 2 d - day of February - A. D. 1854.
Clarissa Hayes
Signed and Sealed in the presence of
Elam Kendall } Eli Taintor }
STATE OF Connecticut } ss. COUNTY OF Hartford }
Granby February 2 d 1854
On this Second - day of February - A. D. 1854 before me, the subscriber, a Justice of the Peace in and for the County aforesaid, personally appeared Clarissa Hayes - and acknowledged the foregoing Power of Attorney to be her free act and deed, for the purposes therein mentioned.
IN TESTIMONY WHEREOF, I hereunto set my hand, } the day and year aforesaid.
Elam Kendall
Justice Peace.

State of Connecticut.
I, John H. Mather Secretary of the State of Connecticut, and Keeper of the Seal thereof, do hereby certify and make known to whom it doth or may concern, That — Clark Kendall — was, from the fourth day of July, A. D. 1852, to the fourth day of July, A. D. 1854, a Justice of the Peace within and for the County of Hartford — in said State, duly appointed and commissioned — having full power and authority by the laws of said State, to take the Acknowledgment of Deeds and to certify the same; also to administer Oaths, to take Affidavits and Depositions out of Court, and to give Certificates thereof; and that full faith and credit may and ought to be given to his official acts and attestations.
And I further certify, That I believe the foregoing signature of the said — Clark Kendall — to be genuine.
In testimony whereof, I have hereunto set my hand and affixed the Seal of said State, at Hartford, this 8 th day of February in the year of our Lord one thousand eight hundred and fifty four.
Jno. H. Mather, Secretary of State.

STATE OF _____
COUNTY OF _____
} ss.
It is hereby certified that satisfactory evidence has been exhibited before me,
that
States at the rate of $
day of
was a Revolutionary Pensioner of the United
per annum, and that                died on the
eighteen hundred and
leaving surviving
and that
the only surviving child
of the aforesaid.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my seal of office, this
day of _____
one thousand eight hundred and fifty-

State of Connecticut - Hartford County // District of Granby On this 9 th Day of April 1933 - Personally appeared in their court before the Board of Probate for the District of Granby, now sitting, Adna Gilt, now a Resident of Sand Granby, aged Eighty one Years who being first Duly sworn according to Law, took an Oath on his Death Bed the following Declaration in order to obtain the benefit of the act of Congress passed June 7, 1932 That he entered the Service of the United States under the following named Officers of the U.S. Navy as herein stated, viz, That he entered the Service as a private under Capt Steel of New Bedford in the County of Bristol in this State on or about the first day of October 1939 on a term of four months - That in this term he was drafted and went to Danbury in Connecticut & was at Danbury during the most part of the said four months, and during this term of Service he remembers going to White Plains & to some place on the Hudson River & back to Danbury, that he continued in said Service until his term of four months was fully completed, making from New Bedford as ordered by his Officer, I was discharged at Danbury on or about the first of Feb 1940 & returned home -
That in March 1940. He was again drafted as a private for a term of nine months to join the Army at Danbury, and on or about the 15 day

of March West  of  to  the  State of New York himself from other escorted a soldier to Danbury, who had been taken up as a deserter, but on arrival at Danbury found that he had had a pass or furlough, but had lost it, from Danbury. The War Department call the English Neighborhood in the State of New Jersey - He believes that while he was there he was in Green's Brigade of Huntington Regt. but in this particular he cannot so distinctly remember - the being aged I say infirm - the 9th Regiments being very sick with the camp distemper which at the English Neighborhood - after getting well he went to Haskins's Creek, from there to Kings Ferry from there to Stony Point from there to West Point and help? to Ohain or built a Fort at West Point - while at West Point he was under a Capt. Soren - and Lt. Marrow - He remembers a Sergeant Savage in the Company - He remembers that they came there provisions from Stony Point - He remembers being at West Point when Arnold went down the River with on board the British Schooner Vulture, He remembers seeing Gen. Washington at West Point - He thinks he saw a discharge from a Major Wyllys who was afterwards killed by the Indians, but if he ever saw one he has lost it - but he remembers he was there at West Point about the 15 th of December 1780, and arrived home at New Haven about on or about the 20 th of that month, it being Thanksgiving Day -

The names of no living Witnesses who can testify to his Awards and Services — The Pensions — Since many Em- dited Affairs, but at this distant Period I bring very Inform, not being able to Rise from bed Without assistance He cannot Recall these names He Declared on his death bed and that after having See the aforesaid terms of duty fully out, he was regularly Discharged but has no Written Discharges to show and has no Documentary Evidence of his Services —————
He was born in Tisbury, now Granby, where he lived until about the commencement of the Revolutionary War, then went to New-Hampshire where he lived when called into Service for about forty two years had he has lived in Hartland in the County of Hampshire in Cont. but now resides with his daughter in Granby aforesaid —
He hereby Relinquishes every Claim whatever to a Pension or Annuity Except the present I Declared that his name is not on the Pension Roll of any Army of any State
Anne Linsley
J. D. Scutt
his Adna X Gillett mark
Sworn to and subscribed the day and Year aforesaid
before me Joel Griffin Judge of probate

and with the interrogations put by the board as presided by the Department of War, He gives the answers as follows - viz
 1- That he was born in Tinsley, now Granby, July 21. 1751  2- That his age was recorded in Tinsley, when recorded  3- That when called into service he lived in New Hampshire in Littleton County in Fort. When he lived until after the close of the war - then went into Newton Here about forty two years & now lives in Granby  4- That he was drafted in both terms -  5- Some records the names of other persons than mentioned in his declaration  6. The thinks he rec d discharge, but if so, has lost them  7- The would mention the names of the rec d officers living of the town of Newton formerly of Granby - letter of Paul Granby as persons who can testify as to his credibility His character for truth & veracity 
Amos Linsley J. D. Dwoight
Adna his Gillett mark
Sworn and subscribed this day
and year aforesaid
before me Joel Griffin
Judge of Probate

4033
P. O. _____
Adams Gillet
Service: _____
Enlisted: REJECTED _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____ _____
_____ Recognized.
_____ Contract
_____ Cert. of Dis. Searched for _____, 18

Connecticut Adna Gillet rejected
Lockwell Roberts 30 Sept 1833

Ephraim Selby

Hartland August 3. 1819 The Honorable Jon d Brace Esq r
Sir Adna Gillet of Hartland has lived in this society not far from me for many years. I have always esteemed a man of a very good moral Character. he is in very low circumstances in life. has been a hard labouring man in past life but now in his old age his eye sight has failed him, so that it has incapacitated him to do almost any kind of business what soever. He has always told me that once he belonged to the revolutionary Army but he has passed thro. so many afflictive scenes that in them trials all his Papers were lost. If it is consistant with the requirments of Congress that he can obtain a pension it will come into the hands of a very needy honest & almost blind man
I am most respectfully yours
Aaron Church William Selby

West Granby Aug 2. 1833
Sir This letter was written by the Rev. Aaron Church a minister of the Gospel and pastor of the First Congregational Church in Hartford who is now dead, but while living was as highly esteemed as any gentleman in society for mental talent and moral virtue -
Joel Griffin
To Hon. J. L. Edwards Commissioner of Pensions
Epiphany Coffey

State of Connecticut } County of Hartford }
On this 2 nd day of August 1833 personally appeared in open Court before the Court of Probate for the District of Winsted now sitting Alden Gilt a Resident of Winsted in the County of Hartford and State of Conn- -ecticut aged 82 Years who being just able to swim according to law doth on his Oath make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7. 1832.
That he entered the Service of the United States under the following named Officers and served as herein stated. That in the month of October 1779 he was Drafted into the Company of Captain Stull of New Hartford in Col. Huntington's Regiment That he Marched from New Hartford to Danbury where the Troops were stationed. That from Danbury he marched to White Plains. Thence to Pittsfield. Thence back to Danbury where he was Discharged in the month of February 1780 having served not up than four months.
That in the month of March 1780 he was Drafted and went to Danbury and joined the Army as a private in Captain Dyer's Company and Col. Mylly's Regiment That he Marched from Danbury to the English Neighborhood in New Jersey where the Troops were stationed while here he was sick with the Camp distemper from the English Neighborhood Marched to Hackinsack. Thence to Kings Ferry Thence to Stony Point Thence to West Point and was then stationed and was employed in building or repairing the fort - he was discharged at West Point in the month of December 1780 having served not up than nine months that being the term.

for which he was drafted. That he has no documentary evidence, and that he knows of no person other than himself he can prove who can testify to his service.
He hereby relinquishes any claim whatsoever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State. In witness whereof his J. Griffin has set his mark
Sworn to and subscribed the day and Year afore-mentioned before me Jacob Griffin Judge of Probate
And to the Interrogatories put by the Court as pres- =ided by the War Department the applicant made the answers as follows
1 st That he was born in Simsbury, now Granby, Conn, on the 20 th day of July 1757 2 nd That there is a record of his age in the Town Records of Simsbury 3. That when called into service he lived in New Hartford in Litchfield County Conn. where he lived until after the close of the revolutionary war. Then moved to Hartford in Hartford County Connecticut where he lived at 42 Years Then moved to Granby where he now lives 4 That he was drafted and served as a private in each term 5. Recollects seeing General Washington at West Point but cannot recollect other officers Except those mentioned in this declaration 6 received a discharge but lost it

the names of persons to whom he is known in his present residence who can testify to his character for veracity and their belief of his sincerity as a soldier of the revolution are Samuel Benjamin Ebenezer Hoadley - Isaac Merrill Phelps Humphrey's Rev Asa Linsley & Ephraim Gille. Frederick Gille his mark Griffin Mumpus Selma x Gille mark 
Sworn and subscribed the day & year aforesaid
Joel Griffiths Judge of Probate
 [Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.] 

I Joshua R. Droott Clerk of the Court of Probate for the District of Grady do hereby certify that the foregoing contains the original proceedings of the Court in the matter of the application of Adna Gillit for a Pension — In testimony whereof I have hereunto set my hand Seal of Office This 2 nd day of August — 1833 —
Joshua R. Droott Clerk
I Joshua R. Droott Clerk of the Court of Probate for the District of Grady do hereby certify that Isaac Griffin Esq. is Judge of the Court of Probate for the District of Grady aforesaid, & is also Justice of the Peace within & for the County of Newport in the State of Conn. duly appointed, commissioned Sworn — I further certify that all the foregoing to his Official acts as such Judge & Justice & also that the Signature hereunto subscribing to be his is his genuine Signature — In testimony whereof I have hereunto set my hand Seal of Office This 2 nd Day of August 1833 —
Joshua R. Droott Clerk

and the said Court does hereby declare it to be their Opinion, after the investigation of the matter, and after hearing the interrogations presented by the Department of War that the above name? Applicant was a soldier of the Revolution I know as he states - and the Court does further certify that it appears to them that the Rev. Ammi Linsley who has subscribed I know to the foregoing certificate is a clergyman residing in Hartland and and is a credible person & that his statement is entitled to credit — and also that Ephraim Hilli who has subscribed I know to the same certificate is a Resident of Town of Granby & is a credible person & that his statement is entitled to credit —
Isaac Griffin
Judge of Probate

We Annis Linsley a Chapsman Residing in the town of Hartland in Hartford County, Cont. I P. Sherman Esq. of Granby do hereby certify that We are Well acquainted with Adna Gillette who has subscribed to the above Declaration, that We believe him to be Eighty one years of age - that he is a United States citizen in the neighborhood where he resides that he has been a Soldier of the Revolution & that We concur in that
Opinion Given at Granby April 9 th 1833 Sworn to and subscribed the day and year aforesaid
Annis Linsley, Pastor of a church in Hartland Ezechiel Gillette
Isaac Griffin Judge of Probate -

Adna Gittell.
Ad. Miller
d.c
Joshua Gittell Granby Conn.

WAR DEPARTMENT,
Pension Office,
July 17 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Adna Gillette
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.      
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this                      day of                      personally appeared (a) before A. B. a resident (b) of                      in the county of                      and State, Territory or District of                      aged (c)                      years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)                      , with                      and served in the                      (e) regiment of the                      line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I                      of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of                      for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of                      &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the                      and C. D. residing in (the same)                      , who has hereby certify, that we are well acquainted with                      , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the                      and that C. D., who has also signed the same is a resident in the                      and is a credible person, and that their statement is entitled to credit.
I,                      Clerk of the Court of                      do hereby certify that the foregoing, contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
It does not appear that equations have been used

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants who appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
In the present instance in this case